Testimony resumes in inmate trialwww.palwstineherald.com Testimony resumes in inmate trial By PAUL STONE The Palestine Herald

PALESTINE July 24, 2008 01:17 am

— The trial of a 34-year-old Texas Department of Criminal Justice inmate accused of murdering his cellmate at an Anderson County prison unit almost two years ago continued Wednesday at the Anderson County Courthouse.

Sam Kilgore, 34, is being tried on the charge of capital murder this week in connection with the August 2006 death of his Michael Unit cellmate, Jerry Sinclair. A 12-person jury was seated Tuesday, with testimony beginning on the same day.

Authorities have alleged that Kilgore used a shoestring and torn cloth to strangle Sinclair in their cell during the morning hours of Aug. 28, 2006.

The state is not seeking the death penalty against Kilgore.

If convicted of capital murder, Kilgore would automatically be sentenced to “life without parole,” according to Allyson Mitchell, prosecutor with the state’s Special Prosecution Unit.

Testimony this week has described Sinclair as being a “child-like” person who watched cartoons and wore a diaper due to incontinence.

Two days before Sinclair’s death, testimony has also showed that Kilgore complained of the odor surrounding his cellmate.

Although the prosecution has contended that Sinclair was strangled to death, the defendant has claimed that he discovered his cellmate hanging in their cell, according to the testimony of Johnny Thomas, an investigator with the Office of the Inspector General.

Testimony in Kilgore’s trial was scheduled to resume at 1:15 p.m. today.

Kilgore is being represented by Barbara Law of the state’s counsel for offenders.

At the time of Sinclair’s death, Kilgore was serving a 38-year sentence for murder out of Galveston County.

369th State District Judge Bascom W. Bentley III is presiding over this week’s trial which could conclude before the end of the week. ————

Paul Stone may be contacted via e-mail at pstone@palestineher ald.com